Appeal No. 96-1641
Application No. 08/225,036
in claim 6 that the "diphenylmethane diisocyanate-containing
composition contains from 35 to 65% by weight of polymethylene
polyphenylene polyisocyanate having isocyanate functionalities
of 3 or more." The teaching of polymethylene polyphenylene
polyisocyanate with a functionality substantially exceeding
the minimum required by appellants in claim 1, which is two or
more supports our position that appellants’ argument is not
well founded.
Appellants have also argued that the difference in
isocyanate group content of the reference and that of the
present invention provides support for the proposition that
Watts neither discloses nor anticipates the claimed binder
composition, Brief, p. 3, last paragraph. However, as the
claims before us do not require a minimum functionality except
as defined by the term, "polyisocyanate," the isocyanate
content cannot be so limited and construed in the manner
suggested by appellants. The better construction of the scope
of the claimed invention is that it reads on any isocyanate
content wherein the isocyanate functionality is 2.0 or
greater. Hence, appellants’ claimed invention is inclusive of
6
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